Township of Millburn Minutes of the Zoning Board of Adjustment November 16, 2015 A regular meeting of the Township of Millburn Zoning Board of Adjustment was held on Monday, November 16, 2015 at 7:00 PM in Millburn Town Hall. Chairman Joseph Steinberg opened the meeting by reading Section 5 of The Open Public Meetings Act. A roll-call indicated the following members were present: Also present: Michael Birnberg, Alt. #2 Matthew Brett Jessica Glatt Mary McNett Craig Ploetner, Alt. #1 Vanessa Scaglione Steve Togher Michael Parlavecchio, Vice Chairman Joseph Steinberg, Chairman Gail Fraser, Board Attorney Eric Fishman, Court Reporter Eileen Davitt, Zoning Officer/Board Secretary BUSINESS The Board discussed the proposed 2016 agenda dates. The second April meeting date was changed from the 18 th to the 25 th. A motion to approve the 2016 agenda dates was made by Mary McNett, seconded by Michael Parlavecchio, and carried with a unanimous voice vote. APPROVAL OF MINUTES A motion to approve the minutes of September 28, 2015, was made by Matthew Brett, seconded by Craig Ploetner, and carried with a unanimous voice vote. 1
MEMORIALIZATIONS Cal#3417, Matthew Horner, 2 Edgewood Terrace, Millburn A motion to approve the resolution memorializing the granting of variance relief to Matthew Horner to install a fence on the property located at 2 Edgewood Terrace, was made by Craig Ploetner, seconded by Matthew Brett, and carried with the following roll-call vote: Michael Birnberg yes Cal#3422, Lori & Alex Riseman, 80 Jefferson Avenue, Short Hills A motion to approve the resolution memorializing the granting of variance relief to Lori & Alex Riseman to construct an addition on the property located at 80 Jefferson Avenue, was made by Mary McNett, seconded by Matthew Brett, and carried with the following roll-call vote: Cal#3426, P & H Realty, 191 Hartshorn Drive, Short Hills A motion to approve the resolution memorializing the granting of variance relief to P & H Realty to construct a dwelling on the property located at 191 Hartshorn Drive, was made by Michael Parlavecchio, seconded by Jessica Glatt, and carried with the following roll-call vote: Cal#3431, Kang Wang, 32 Berkeley Road, Millburn 2
A motion to approve the resolution memorializing the granting of variance relief to Kang Wang to install a fence on the property located at 32 Berkeley Road, was made by Matthew Brett, seconded by Steve Togher, and carried with the following roll-call vote: Michael Birnberg yes Cal#3433, Canoe Brook Country Club, 1108 Morris Turnpike, Short Hills A motion to approve the resolution memorializing the granting of variance relief to Canoe Brook Country Club to construct additions on the property located at 1108 Morris Turnpike, was made by Mary McNett, seconded by Michael Parlavecchio, and carried with the following roll-call vote: APPLICATIONS. Michael Birnberg yes CAL#3434, RICHARD & MARY MOLKE, 50 WOODFIELD DRIVE, SHORT HILLS Nicole Magdziak, Attorney for the applicant, stated her appearance. The applicant would like to install a patio and walls. Proposal is in violation of: 501.2 Accessory structures shall be in rear yard only 510.1 Front yard wall height shall not exceed 2 Brian Bosenberg, Landscape Architect, appeared and was sworn. His credentials were presented and accepted by the Board. Entered as A-1: photoboard of existing & proposed conditions Entered as A-2: photoboard of existing conditions of subject site Brian Bosenberg stated that there is an existing front yard patio on the subject property. The applicants would like to replace the existing 433 square foot bluestone patio with a 636 square foot bluestone patio. In connection with the patio, the applicants would like to 3
reconstruct an existing retaining wall which will vary in height from 2 to approximately 5 10. The patio will be heavily landscaped so as to provide privacy for the applicant as well as screen the patio area from the adjoining property. The neighbor s house is approximately 90 from the proposed patio. In addition, there are no residential structures across the street from the subject property. Michael Parlavecchio indicated that this proposal will have no substantial detriment on the adjoining properties and he indicated that he is in favor of the application. Upon a motion made by Mary McNett, seconded by Michael Parlavecchio and with a roll-call vote as follows: Cal#3434, Richard & Mary Molke, 50 Woodfield Drive, Short Hills, was APPROVED. CAL#3436, STEVEN GREENE, 69 CONISTON ROAD, SHORT HILLS Steven Greene and Thomas Baio, Architect, appeared and were sworn. The applicant would like to construct a front entry porch on the dwelling. Proposal is in violation of: 606.2e1d Front yard setback Thomas Baio s credentials were presented and accepted by the Board. Entered as A-1: photoboard of subject site existing conditions Mr. Baio indicated that the proposal is to add a front stoop and relocate the house entrance. A 40 front yard setback is required and the applicant requires front yard setback variance relief to permit a setback of 34 8-1/2. Thomas Baio stated that this proposal will add character to the front façade of the dwelling. Mary McNett asked if the portico could be decreased in depth in order to comply with the ordinance. Thomas Baio indicated that the width of the dwelling necessitates a deeper portico. Overall, Board members were in favor of the proposal. Upon a motion made by Steve Togher, seconded by Matthew Brett, and with a roll-call vote as follows: 4
Cal#3436, Steven Greene, 69 Coniston Road, was APPROVED. CAL#3437, DR. ARTHUR GREYF, 425 ESSEX STREET, MILLBURN, NJ *It is noted that Mary McNett recused and left the meeting room. Michael Sullivan, Attorney for the applicant, stated his appearance. The applicant, Dr. Arthur Greyf, would like to operate a dental office on the subject site. Proposal is in violation of: 606.7b Not a permitted use 607.2 Parking requirement 607.1 Loading space requirement 607.1b Trash pick-up location 607.3b Off-site parking Dr. Arthur Greyf, appeared and was sworn. He would like to re-locate his dental practice to the subject property at 425 Essex Street. He stated that his proposed hours of operation are Monday, Tuesday, Thursday from 10 AM 7 PM, Wednesday from 10 AM 3 PM, Friday from 9 AM 1 PM and alternate Saturdays from 9 AM 3 PM. Richard Keller, PP, PE, appeared and was sworn. His credentials were presented and accepted by the Board. He stated that he visited the subject property and reviewed the Township Master Plan and Development Regulations. He gave a brief description of the subject area indicating that the subject property is located in the B-4 district. Entered as A-1: aerial photo map The building on the site is 2,173 square feet, requiring 15 parking spaces. There are 14 parking spaces on the site. There are an additional 5 parking spaces on a 34 x 45 easement on the Millburn Police property. These parking spaces are specifically designated for the medical use facility. Richard Keller indicated that the site is particularly suited for the proposed dental office as it has historically been used as a medical office. The proposed dental office will not adversely impact area properties and will not substantially impair the Zone Plan or Zoning Ordinance. 5
Deliveries are received by Fed Ex on average of 1 per day. There is adequate space in the parking lot for the Fed Ex truck to access the site. There is no room to create a loading space or garbage pick-up area. Joseph Steinberg asked for clarification as to the easement area. He stated that testimony provided by Mr. Keller indicated that the 5 spaces on the easement area are specifically designated to the medical use. However, the site plan submitted indicated that the easement area is to be used in common with the Police Department. Richard Keller indicated that the site plan incorrectly designated that area as a common area but the deed of easement specifically designates the parking spaces to the medical use. Overall, Board members felt the property was well-suited for the proposed dental practice. Upon a motion made by Matthew Brett, seconded by Steve Togher, and with a roll-call vote as follows: Steve Togher -- yes Cal#3437, Dr. Arthur Greyf, 425 Essex Street, was APPROVED. *It is noted that Mary McNett returned to the meeting room. CAL#3441, MINGJUN & FENG HUANG, 52 WELLINGTON AVENUE, SHORT HILLS Timothy Klesse, Architect, and Mingjun Huang, appeared and was sworn. Timothy Klesse s credentials were presented and accepted by the Board. The applicant would like to construct a detached garage and patio on the property. Proposal is in violation of: 505 Accessory structure location on a corner lot 606.2e2a Building coverage Timothy Klesse gave a brief description of the proposal. The existing garage is in the basement and becomes severely flooded during rain storms. The proposal is to fill in that area and construct a detached garage on the level area of the property. The garage is proposed to be 21 off the front property line and 3 off the side property line. Timothy Klesse stated that the impact to the surrounding properties is minimal because the detached garage aligns with the setback of the existing residence. There is no substantial 6
detriment to the public good. The garage is in size and scale with the neighborhood. In addition, the construction of the garage will allow the owners to put the car in the garage. Entered as A-1: group of 5 photos The existing patio on the site is about 10 off of the Claremont Drive property line. The proposal is to modify the patio area. The existing patio meanders from the enclosed porch to the driveway area. The proposed patio has been pushed back about 16 off the Claremont Drive front yard property line. There will be landscaping on the Claremont drive side of the patio in order to buffer it from street view. Entered as A-2: photoboard Jessica Glatt asked if there was any consideration given to an alternate proposal, such as water-proofing or better drainage. Timothy Klesse stated that this proposal allows the homeowners to restore the lot to its natural grade. Barrett Bencevenga, 23 Claremont Drive, questioned the lot coverage calculation. Timothy Klesse stated that the building coverage is increasing. However, they are proposing to remove driveway, which is lot coverage. Barrett Bencevenga asked if there was any environmental study done to show what will happen to the flood water in the neighborhood. Greg Murphy, 28 Clarmont Drive, appeared and was sworn. He lives adjacent to the property. He stated that he is concerned with the potential drainage issues that this will cause. Barrett Bencevenga, 23 Claremont Drive, appeared and was sworn. He stated that he is concerned with the drainage issue this may cause. He also stated that he would prefer if the applicant would consider a garage attached to the house, rather than detached. Sandra Murphy, 28 Claremont Drive, appeared and was sworn. She stated that there have been many floods in the area. She feels that by allowing the applicant to fill in the basement garage area, the drainage problem will be worse. Jessica Glatt stated that she is not comfortable with the application. She feels there are other possibilities that could be explored and she is concerned with the potential impact this will have on the neighborhood. Steve Togher stated that without further drainage data presented, he does not feel the Board has enough information to make a decision. Joseph Steinberg stated this proposal does not satisfy the negative criteria. Matthew Brett was not in favor of the proposal. 7
Vanessa Scaglione feels this proposal will be extremely detrimental to the neighborhood and she does not support the application. The matter was carried to January 11, 2016, with no further notice required. CAL#3442, ANIL PATEL, 1 MORRAINE PLACE, SHORT HILLS Anil Patel and Richard Keller, PE, PP, appeared and were sworn. The applicant would like to install a patio and wall. Proposal is in violation of: 505 Accessory structure location 510.1 Front yard wall height Mr. Patel indicated that the house was built so that the front of the house faces the rear yard. The property is a designated historic site and the proposal received HPC approval at their November 5, 2015 meeting. Joseph Steinberg asked if the existing slate patio area will remain. Mr. Patel indicated that the existing patio will remain. Varianny Kapur, 112 Western Drive, asked why the applicant needs a 4 wall rather than a 2 wall. Mr. Patel stated that a 4 wall is needed due to the topography of the land. Richard Keller s credentials were presented and accepted by the Board. He gave a brief description of the proposal. He stated that the property is a 2.4 acre property at the corner of Moraine Place and Western Drive. It is a designated historic property in the Short Hills Historic District. Entered as A-1: photoboard marked up to show front yard area Entered as A-2: photoboard of similar front yard walls Varianny Kapur, 112 Western Drive, appeared and was sworn. She stated that she does not support the request for a 4 wall. She feels that the wall will negatively affect the character of the property. Melanie Rosenbaum, 18 Moraine Place, indicated that this is a historic house. She would like the Board to consider the historic nature of the house in their decision. Mary McNett stated that the HPC reviewed and approved this application. Vanessa Scaglione stated that she is troubled by the 4 wall proposed. She feels the wall is for the benefit of the homeowner. Steve Togher stated that there are many homes in Short Hills that have walls similar to the proposed. 8
Joseph Steinberg stated that if the 4 wall was recommended by HPC, he does not feel this Board is in a position to oppose their recommendation. Jessica Glatt stated that if the 4 wall proposed will have the effect similar to the exhibits presented tonight, she can support the application. Upon a motion made by Jessica Glatt, seconded by Michael Parlavecchio, and with a rollcall vote as follows: Cal#3442, Anil Patel, 1 Moraine Place, was APPROVED. BUSINESS Gail Fraser reported to the Board that Alan Vinegrad has filed an appeal with Superior Court in the Doug Miller application. ADJOURNMENT A motion to adjourn was made by Vanessa Scaglione, seconded by Steve Togher, and carried with a unanimous voice vote. (9:55 PM) Motion: MB Second: MB Date Adopted: 12/21/15 Eileen Davitt Board Secretary 9